[Adopted as Article 1767 of the Codified Ordinances,
amended in its entirety 4-9-1996 by Ord. No. 2-1996]
A.
It is the purpose of the City of Lancaster to preserve
and enhance its residential neighborhoods and neighborhood life and
the property uses associated therewith and to discourage destruction
and displacement of neighborhoods and neighborhood property uses associated
with neighborhood life, including, in particular, displacement of
low- and moderate-income persons.
B.
There exists within the City of Lancaster, both within
and outside of certified redevelopment areas, properties which have
become derelict, abandoned or unfit for human habitation or other
use by reasons of age, obsolescence, prolonged vacancy, dilapidation,
deterioration, lack of maintenance and care or general neglect.
C.
Such derelict properties individually and collectively
constitute a blight and nuisance in City neighborhoods, create fire
and health hazards, and are used for immoral and criminal purposes.
D.
Such derelict properties constitute unreasonable interferences
with the reasonable and lawful use and enjoyment of other premises
in City neighborhoods, are harmful to the social economic well-being
of the City of Lancaster, depreciate property values and generally
jeopardize the health, safety and welfare of the public.
E.
In the City of Lancaster there exists a serious shortage
of affordable, decent, safe or sanitary housing accommodations and
properties for related usages.
F.
Vacant property can be a resource for the advancement
of economic development in the City.
G.
Eminent domain is a proper public purpose which will
promote public health, safety and welfare.
H.
It is deemed in the best interests of the citizens
of the City of Lancaster that the Lancaster Property Reinvestment
Board be empowered to certify to the Redevelopment Authority of the
City of Lancaster blighted properties so that the Redevelopment Authority
may hold, clear, manage or dispose of property for residential and
related reuses.
A.
The purposes of these provisions are, consistent with
the preservation of neighborhoods and protection of low- and moderate-income
persons against displacement as stated in the legislative findings
above, to establish a Blighted Property Review Committee of the City
of Lancaster to implement the provisions of the State Urban Redevelopment
Law of 1945, as amended by Act 94 of 1978, Act 39 of 1988 and Act
113 of 2002, and to promote reuse of and the reinvestment in properties
in the City of Lancaster. This Blighted Property Review Committee
shall be known and may be referred to as the "Lancaster Property Reinvestment
Board," hereinafter termed the "Board."
[Amended 8-12-2003 by Ord. No. 9-2003]
The Board shall consist of five members, as
follows:
A.
One City Council member who is appointed by the President
of City Council.
B.
The Chairman of the Redevelopment Authority of the
City of Lancaster, or his/her designee.
C.
One member of the Lancaster City Planning Commission,
as appointed by the Commission's Chairman.
D.
The Director of the Lancaster Department of Community
Planning and Economic Development, or his/her designee.
[Amended 7-22-2008 by Ord. No. 11-2008; 4-9-2019 by Ord. No. 03-2019]
E.
One member to be designated by the Mayor of the City
of Lancaster.
Notwithstanding any other provision of law,
the Redevelopment Authority of the City of Lancaster shall have the
power to acquire by purchase, gift, bequest, eminent domain or otherwise
any blighted property, as defined herein, either within or outside
of a certified redevelopment area and, further, shall have the power
to hold, clear, manage and/or dispose of said property for residential
and related use or commercial or industrial reuse, as provided by
law. This power shall be exercised in accord with the procedure set
forth hereinafter.
[1]
Editor's Note: Ordinance Number 11-2008, adopted
7-22-2008, added the following historical and statutory notes in relation
to the 1988 amendment to the State Urban Redevelopment Law: The 1988
amendment, in Subsection (a), substituted “reuse and commercial
or industrial reuse” for "use," and in subsection (b) substituted
"blighted" for "vacant" and deleted clause (4), which formerly read:
"No single vacant lot or parcel of ground shall be certified to the
Redevelopment Authority under this section on which more than 10 dwelling
units can be construction under existing zoning regulations."
[Amended 8-12-2003 by Ord. No. 9-2003; 7-22-2008 by Ord. No.
11-2008]
Blighted property shall include the following:
A.
A premises which because of physical condition or
use is regarded as a public nuisance at common law or has been declared
a public nuisance in accordance with the municipality housing, building,
plumbing, fire and related codes.
C.
A dwelling which, because it is dilapidated, unsanitary,
unsafe, vermin-infested or lacking in the facilities and equipment
required by statute or an applicable municipal code, has been designated
by the agency responsible for enforcement of the statute or code as
unfit for human habitation.
D.
A structure which is a fire hazard or is otherwise
dangerous to the safety of persons or property.
E.
A structure from which the utilities, plumbing, heating,
sewerage or other facilities have been disconnected, destroyed, removed
or rendered ineffective so that the property is unfit for its intended
use.
F.
Any vacant or unimproved lot or parcel of ground in
a predominantly built-up neighborhood which, by reason of neglect
or lack of maintenance, has become a place for accumulation of trash
and debris or a haven for rodents and other vermin.
G.
An unoccupied property which has been tax delinquent
for a period of two years.
H.
A property which is vacant but not tax delinquent
and which has not been rehabilitated within one year of the receipt
of notice to rehabilitate from the appropriate enforcement agency.
I.
An abandoned property. A property shall be considered
abandoned if:
(1)
It is a vacant or unimproved lot or parcel of ground
on which a municipal lien for the cost of demolition of a structure
located on the property remains unpaid for a period of six months;
(2)
It is a vacant property or vacant or unimproved lot
or parcel of ground on which the total of municipal liens on the property
for tax or other type of claim of the City are in excess of 150% of
the fair market value of the property as established by the Lancaster
County Tax Assessment Office or other body with legal authority to
determine the taxable value of the property; or
(3)
The property has been declared abandoned by the owner,
including an estate that is in possession of the property.
J.
A property which has defective or unusual conditions
of title or no known owners, rendering the title unmarketable.
K.
A property which has environmentally hazardous conditions,
solid waste pollution or contamination in a building or on the land
which poses a direct and immediate threat to the health, safety and
welfare of the community.
L.
A property having three or more of the following characteristics:
(1)
Has unsafe or hazardous conditions that do not meet
current use, occupancy or fire codes;
(2)
Has unsafe external and internal accessways;
(3)
Violates the applicable property maintenance code
adopted by a municipality and is an immediate threat to public health
and safety;
(4)
Is vacant;
(5)
Is located in a redevelopment area with a density
of at least 1,000 people per square mile or a redevelopment area with
more than 90% of the units of property being nonresidential or a municipality
with a density of at least 2,500 people per square mile.
Residential and related use shall include residential
property for sale or rental and related uses, including but not limited
to park and recreation areas, neighborhood community service and neighborhood
parking lots.
The Board and the Lancaster City Planning Commission,
upon making a determination that any property is blighted within the
terms of this article, must certify said blighted property to the
Redevelopment Authority, except that:
A.
No property shall be certified to the Redevelopment
Authority unless it is vacant. A property shall be considered vacant
if:
[Amended 8-12-2003 by Ord. No. 9-2003]
(1)
The property is unoccupied or its occupancy has not
been authorized by the owner of the property;
(2)
In the case of an unimproved lot or parcel of ground,
a lien for the cost of demolition of any structure located on the
property remains unpaid for a period of six months; or
(3)
In the case of an unimproved lot or parcel of ground,
the property has remained in violation of any provision of City building,
property maintenance or related codes applicable to such lots or parcels,
including licensing requirements, for a period of six months.
B.
No property shall be certified to the Redevelopment
Authority unless the owner of the property or an agent designated
by him for receipt of service of notices within the municipality has
been served with notice of the determination that the property is
blighted, together with an appropriate order to eliminate the conditions
causing the blight and notification that failure to do so may render
the property subject to condemnation under this article. The notice
shall be served upon the owner or his agent in accord with the provisions
of a local ordinance pertaining to service of notice of determination
of a public nuisance. The owner or his agent shall have the right
of appeal from the determination of public nuisance.
C.
No blighted property shall be certified to the Redevelopment
Authority until the time period for appeal has expired and no appeal
has been taken, or, if taken, the appeal has been disposed of and
the owner or his agent has failed to comply with the order of the
Chief Building Official of the City of Lancaster or other office or
agency.
A.
The Board may advise at its own discretion the Redevelopment
Authority in matters relating to the establishment and modification
of policies, priorities and procedures affecting the disposition of
properties acquired through the certification process of the Board.
B.
The Board may advise at its own discretion the Department
of Community Planning and Economic Development in matters relating
to the provision of financial, advisory and technical rehabilitation
assistance affecting reinvestment in properties acquired through the
certification process of the Board.
[Amended 7-22-2008 by Ord. No. 11-2008; 4-9-2019 by Ord. No. 03-2019]
C.
The Board may advise at its own discretion other municipal
agencies in matters relating to the functions of said agencies affecting
the acquisition, disposition and reinvestment in properties which
have been or may be acquired through the certification process of
the Board.
D.
The Board may advise at its own discretion appropriate
agencies in matters relating to the disposition of publicly owned
properties in the City of Lancaster.
E.
The Board may advise at its own discretion appropriate
agencies in the design, development and implementation of homesteading
and other property reinvestment programs which may from time to time
be effectuated in the City of Lancaster by such agencies.
A.
Acquisition and disposition of blighted property under
this article shall not require preparation, adoption or approval of
a redevelopment area plan or redevelopment proposal, but at least
30 days prior to acquisition of any property, the Redevelopment Authority
shall transmit identification of the property to the Lancaster City
Planning Commission and shall request a recommendation as to the appropriate
reuse of the property. The Redevelopment Authority shall not acquire
the property where the Lancaster City Planning Commission certifies
that disposition for residential or related use or commercial or industrial
reuse would not be in accord with the Comprehensive Plan of the municipality.
B.
Property disposed of within a redevelopment area shall
be disposed of under a redevelopment contract in accordance with the
provisions of this article.
C.
Property disposed of outside an urban renewal project
area shall be disposed of by deed in accordance with the provisions
set forth in applicable law.[1]
[1]
Editor's Note: Former Art. XI, Lancaster Utility Advisory Committee, adopted 12-8-1998 by Ord. No. 12-1998, as amended, which consisted of §§ 22-45 through 22-50, was repealed 5-14-2002 by Ord. No. 5-2002. This ordinance also provided that the responsibilities formerly undertaken by the LUAC shall hereafter be undertaken by City management and staff as assigned by the Mayor.
